internal reconsideration of an examination grade

What is the basis of the right?

Because courts cannot themselves apply an examiner’s grading standard, control within the administration is required. The Federal Constitutional Court stated this in its decision of 17 April 1991 (1 BvR 419/81, BVerfGE 84, 34): examinations related to access to a profession must be designed so that freedom of occupation is effectively protected, and the candidate must be able to raise their objections to the grade effectively. The Court does not, however, require a complete reassessment by a different body.

How does it work in practice?

The candidate sets out which passage was allegedly marked incorrectly and for which professional reason. These objections go to the examiners, who respond in writing and either maintain or change their assessment. This usually takes place within the framework of the formal objection procedure. Blanket criticism such as “marked too harshly” does not trigger reconsideration; without access to the papers and without substantive arguments the application therefore carries no weight. Helpful is a structure that assigns each objection to a specific marginal comment by the examiner and supports it with a reference from a textbook or guideline. Deadlines and requirements arise from the relevant examination regulations and state law and should, if in doubt, be reviewed by a lawyer.

What does this offer to graduates from EU countries abroad?

At a university in Hungary, Croatia, or Bulgaria there is no right under German constitutional law; the legal remedies of the country of study apply there. As soon as a German body carries out the assessment, however, the right applies: in the knowledge test, the specialist language examination, or an oral examination conducted within the licensure procedure. It is therefore worthwhile having oral examinations recorded and formulating objections early and precisely.

Limits of the procedure

Examiners may not subsequently tighten their standard; a worsening of the grade is therefore hardly to be expected. The procedure is nevertheless not an automatic route to a better grade. Between the application and the examiners’ response, several months often pass during which the examination status remains open. In many cases the grade remains unchanged, and the path leads on to an action before the administrative court.